This document contains the terms and conditions (“Terms”) as an electronic record pursuant to the provisions of the Information Technology Act, 2000 (“IT Act”), read with the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (“Rules”). Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the IT Act and Rules made thereunder.
For the purpose of these Terms, wherever the context so requires, the terms “You”, “Your”, or “User”, shall mean and include the users of the Company (defined hereinafter) and/or Platform (defined hereinafter) of the Company for purchase of curated products and services offered through the Platform ("Services”).
It is therefore important to read these Terms carefully before using the Platform. As Your use of the Platform is subject to Your acceptance of and compliance with the following Terms. By clicking on the “I agree” (or a similar button) or by downloading or installing, registering, accessing, availing Services or otherwise using the Platform in any manner, You accept and agree to all of the Terms contained herein. These Terms constitute a legally binding agreement between You and the Company. If You do not agree to all or any of these Terms, do not use or utilise the Platform. If you continue to use this Platform, You are agreeing to be bound by these Terms, which along with the privacy policy as uploaded on the Platform (“Privacy Policy”) and such other policies, as may be uploaded from time to time by the Company, govern Your relationship with Us.
COMPANY
Please note that the mobile application and website bearing the name Yield (“Platform”) is owned, managed and operated by Green Yield Fintech Pvt Ltd (“Company”) or any of its permitted affiliates. The Company is incorporated and registered under the provisions of the Companies Act, 2013, having its registered office at S1, Sterling Brunton, 5/4 Brunton Cross Road, Bangalore, 560025 (hereinafter referred to as “We”, “Company”, “Us”, or “Our”).
It is hereby clarified that the Company may, from time to time, change provisions related to the Services which also includes amendment to the extent and scope of services and products at its sole discretion. The Company shall at its discretion, include other range and/or category of Services and information related thereto as well as exclude or discontinue any such Service that is available on the Platform, as deemed necessary by the Company.
We reserve the right to change, modify, amend or update these Terms, at Our discretion from time to time and such amended provisions of the Terms shall be effective immediately upon being published on the Platform. We shall, at our discretion, at least once in a year, inform You of Our Terms and Privacy Policy or any change therein, as the case may be. You may choose not to agree to the revised Terms and Privacy Policy, in which case, You shall stop the use of Services and the Platform. Your continued use of the Services and the Platform after such material change will constitute Your consent to such changes.
You can determine when the Terms were last revised by referring to ‘Last Updated’ mentioned at the top of these Terms.
Although the Platform may display information that may be obtained through various sources, the Users understand and acknowledge that the Company shall not be responsible in any manner for the nature of the information displayed on the Platform. You understand and acknowledge that Your use of the Platform is at Your own risk and the Company shall not be liable for any consequential damage arising from such use.
OUR SERVICES
We allow You to save and invest in third-party financial products, such as Peer to Peer Lending products, Bank and NBFC Fixed Deposits, and Corporate Bonds, amongst other assets, listed on Our Platform and redeem the investments in the aforementioned assets. This investment through our Platform may be towards climate tech financing products such as EV financing, green financing, green bonds etc though we do not guarantee that the money is put towards such projects. We pass on the funds to the relevant third-party, based on your preference of investment. Additionally, We provide features that help You keep a track of Your investments. For every saving or investment, You make, we may incentivise You by offering coupons/credit/vouchers.
Once you make an investment selection, we efficiently transfer the funds to the respective third-party financial institution, ensuring that your investment reaches its intended destination. This streamlined process allows you to seamlessly support the initiatives that matter to you while gaining potential returns from your investments.
You may use our Services if You are a natural/legal person who has attained at least 18 years of age or if You are a duly incorporated company/partnership/sole proprietorship validly existing under the laws of the jurisdiction in which You were incorporated. You warrant that that you have full power and authority to enter into a legally binding contract as a natural person or on behalf of the said company/partnership/sole proprietorship. Persons who cannot enter into legally binding contract in accordance with the provisions of the Indian Contract Act, 1872, including person of unsound mind and un-discharged insolvents etc. are not eligible to use the Platform.
You also represent and warrant to the Company that You will use the Platform and its Services in accordance with and consistent with any and all applicable laws. Use of the Platform and its Services are void where prohibited by applicable law, and the right to access the Platform will be deemed to be revoked ab initio.
To use the Platform, You must create an account with Us (“Account”). Your mobile number shall be required to create Your Account, which shall be authenticated by way of a one-time password. We shall also require Your name, e-mail ID, age, residential address and any such other relevant information or documents that We deem necessary for the creation of Your Account. You shall be required to furnish additional information and documents, to invest in/subscribe to financial products/services in accordance with Clause 2(v) of these Terms.
We partner with third party service providers such as asset management companies (“AMCs”), Non-Banking Financial Company – Peer to Peer Lending Platform (“NBFC”) , to offer financial products and/on Our Platform. These products are selected basis your risk profile; historical performance of the products; and their potential return.
We will do a know your customer (“KYC”) verification before You start investing through the Platform. This verification shall be carried out in accordance with the relevant third-party's KYC norms. We shall assist the relevant third-party in the KYC verification procedure. The following documents may be required for the KYC verification:
PAN card
Aadhar card
Occupation details
Salary bracket
Bank account details
Or any other information/document deemed necessary for the KYC verification.
You can redeem Your investment(s) at any time on the Platform. As soon as You make the request for the same, We pass on the instruction to our partner AMCs/NBFCs/Banks/Other Asset Providers who will subsequently transfer the amount in your registered bank account details (provided during KYC verification) subject to fulfilment of their terms and conditions.
USER OBLIGATIONS
The information and documents You provide are utilised to determine your risk profile and used to customise Our Services accordingly. Therefore, it is imperative that all the information You provide to Us is true, accurate, complete and updated. Discovery of any portion of the information provided is found to be incorrect, incomplete or misleading, shall amount to breach of these Terms and a violation of law. You may write to Us if You wish to notify Us of any incorrect, incomplete or misleading information You have shared with Us.
Please ensure the safety and security of Your electronic devices (used to access the Platform) and Your credentials. You are solely responsible for all activities carried out from Your Account. In the event You suspect that a third-party has gained access to Your Account, contact Us immediately.
You agree that You will not use the Platform or Our Services for any purpose considered illegal in any jurisdiction or are not permitted by these Terms.
You agree to not interfere with/access non-public/proprietary portions of the Platform. You will not introduce any trojans; viruses; or any other malicious software on the Platform. Additionally, You will not probe; scan; or test the vulnerability of the integrity of the security or authentication measures implemented by Us. If any attempts to tamper with our proprietary technological design and structure is detected, we shall terminate your Account and initiate relevant legal action against You.
You must ensure that You access only the updated version of the Platform on your electronic devices. Any failure to do so might render the Platform inaccessible.
You shall ensure that Your KYC is completed in order to redeem the points credited in Your Account. In the event such KYC is not completed within 365 days of creation of Account, the points/money credited to Your Account shall lapse without any further notification and the Platform shall not be responsible for any such lapsed points/money.
PRIVACY AND DATA PROTECTION
Our Privacy Policy https://www.getyield.in/privacy-policy unambiguously explains how We treat Your personal data and the measures employed by Us to safeguard Your data. By accessing/using the Platform, You consent to Your data being utilised by Us in accordance with the communicated purposes in the Privacy Policy.
PAYMENT GATEWAY
The Platform utilises the payment gateway hosted by the asset provider in most cases. For Example, when purchasing a Mahindra Finance Fixed Deposit, the payment gateway is that of Mahindra Finance. From time to time, the payment gateway may chance and this is subject to change at the Platform’s discretion. We acknowledge that the payment gateway utilised by us is compliant with the security standards imposed by the applicable regulations. The Platform shall in no way be liable for any disputes/claims arising out of use of the aforementioned payment gateway.
REFUND & CANCELLATION
Yield will not charge the user to making the investments on the mobile app or webapp. However, if in future charges/fees are charged to user then the refund can be claimed by the user by requesting to cancel the service within 24 hours and refund will be given to the user with in 7-10 business days.
INTELLECTUAL PROPERTY
The Platform is owned and operated by the Company. The interface; graphics; user-interface; underlying code; information/data; services; software; (“Intellectual Property”) and all other components of Our Services and the Platform are Our Intellectual Property and are protected under applicable laws.
We grant You a limited; non-transferable; non-sublicensable; and revocable license to access the Platform and to avail Our Services for Your personal and lawful use only.
We are present on various social media platforms, apart from these, We do not have any community or groups on any other social-media platform/website. The creation of the groups whilst using Our name or reference to Our name is not permitted. In case of any liability arising from use of such group we disclaim all responsibility.
You agree not to remove, obscure or alter the Platform or any third-party's Intellectual Property available on the Platform. You are not entitled to duplicate, distribute, create derivatives of, display or commercially exploit the Platform, Our Services, features without Our prior permission.
REFERRALS
We encourage You to refer the Platform to Your friends, peers, relatives or anyone interested in availing Our Services (“Referee”). Each User shall have a unique referral link which is provided on Your dashboard on the Platform. The unique referral link can be utilised to invite users via messages; social media platforms; or third-party platforms.
Both You and Referee shall be rewarded upon the valid set up of an Account/completion of first investment on the Platform by the Referee. The rewards are determined and distributed at the sole discretion of the Company by way of vouchers/credits/coupons on the Platform.
Each referral shall be required to fulfil certain pre-determined conditions in order to be eligible for the referral reward. The applicable terms and conditions for said referrals continue to change from time to time and are available here.
TERMINATION
You agree and acknowledge that the Company may at its discretion without notice suspend or terminate its Services and Your access to the Platform in the following situations:
You engage in activities or conduct that the Company believes to be in violation of these Terms, Privacy Policy or is otherwise deemed inappropriate for your continued access to the Platform.
If the User is dead, bankrupt or lacks legal capacity to avail Our Services. Such termination is required by law.
If Our partner AMCs, NBFCs or other asset providers from whom You have procured a financial product, recommends to Us that Your access to the Platform be terminated. The provision of Our Services is no longer possible.
INDEMNITY
You agree to indemnify, save, and hold the Company, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Platform, any violation by you of these Terms, Privacy Policy, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, including rights to settle, and you agree to cooperate with Our defense and settlement of these claims. The Company will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. Without prejudice to any other provisions of the Terms, Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of modification or/and discontinuation or/and suspension of Services by the Company in accordance with this Terms.
GRIEVANCE REDRESSAL
Any complaints or concerns with regards to the content on the Platform; Our Services; or Your disagreement to these Terms, shall be expeditiously communicated, with all relevant details to the designated grievance redressal officer – Varun Kapoor(“Grievance Officer”) in writing by way of email to: varun@getyield.in Our Grievance Officer will take note of Your concerns at the earliest. You acknowledge that this process is time-consuming and agree not to hold us liable for reasonable delays.
GOVERNING LAW AND JURISDICITION
The Platform; Our Services; these Terms; and all transactions carried out via the Platform between the User and Us shall be governed and construed in accordance with the applicable laws of India. You agree that all claims, differences and disputes arising under these Terms or from Your use of the Platform are subject to the exclusive and competent jurisdiction of the courts in Bengaluru, India.
FORCE MAJEURE
Without limiting anything in these Terms, under no circumstances shall the Company be held liable for any damage, loss, or suspension of Services on the Platform, resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, or any other government regulations, floods, pandemic, lockdowns, storms, electrical failure, civil disturbances, riots.
LIMITATION OF LIABILITY
The Company accepts no liability whatsoever, direct or indirect for non-compliance with the applicable laws of any country other than that of India. In case the Platform is accessed or used, or any of Our Services can be availed from a country outside India, it will not obligate Us to comply with the laws of such country or jurisdiction.
To the extent permitted by applicable law, any claim or cause of action arising out of or related to the access or use of the Platform, Our Services, or these Terms must be filed within 3 months from such claim or cause of action arose, failing which such claim will be forever barred and deemed to be waived.
DISCLAIMERS
By listing any financial product on the Platform, We do not make any representation; warranty; or guarantee regarding the quality, nature or bona-fides of the investment products provided by Our partners, including the security and rate of returns promised by them.
You agree that our Services do not constitute investment advice and You are solely responsible for Your investment in the aforementioned Services. In case of any loss or damages incurred due to investment in a mutual fund or gold accumulation plan, we disclaim all liabilities.
The Platform and Our Services are being provided on an “as is” and “as available” basis without any warranty or conditions. Our Service and Your access to the Platform may not always be unfettered. We are not liable, in case You bear any direct; indirect; or consequential loss/damage arising from Your use/inability to use the Platform.
The information in relation to the investment products are received directly from Our partners offering such investment products. The Platform displays the information shared on an “as is” basis and would not, in any manner, be responsible for the accuracy or completeness of such information either at the time of investment or redemption.
The financial products you save or invest in vide the Platform are provided by Our partner. Each of Our partners have their own protocols; rules; terms of use; and privacy policies (“Partner Terms”) with regards to provision of the financial products in question. You are solely responsible to comprehend and abide by the Partner Terms. We do not accept any liabilities that may arise from Your dealings with the relevant partners.
The funds You invest or request to redeem using the Platform are processed by Your bank; our partner; and their respective banks and payment gateways. We are not in any way responsible for any delay in transfer of funds or in the delivery of the financial product.
We share Your information and documents with Our partner through secure channels. However, in the event of an unauthorised access or security breach, we assume no responsibility for the disclosure of Your information/documents to third-parties.
MISCELLANEOUS
We will send notices and communications to You via. e-mail, letter, telephone, SMS, or any other means that We deem fit, to the address available in Our records. The notice or communications will be deemed communicated once it is delivered from Our personnel or automated systems. We may also, at our sole discretion, publish notices of general nature, which are applicable to all Users and have the same effect as a notice served individually.
If any dispute arises between the User and the Company, in connection with validity, interpretation, implementation or alleged material breach of these Terms or the use of the Platform, both parties shall endeavour to settle such dispute amicably. In case of failure to resolve the dispute, the Company will be entitled to refer the dispute to arbitration. The arbitration shall be conducted by a sole arbitrator appointed by the Company. The arbitration proceedings will be in English and shall be conducted in Bengaluru. It will be governed by the provisions of the Indian Arbitration and Conciliation Act 1996, or any statutory modification as may be then in force.
Unless waived or specifically agreed in writing by the Company, no action or inaction by us under these Terms will constitute a waiver of our rights or remedies available to Us under applicable law.
If any provision of these Terms is determined to be legally unenforceable or invalid, the remaining provisions will continue in effect. The Company will substitute a provision that most closely approximates the effect and intent of the invalid provision.
You cannot assign or otherwise transfer these Terms, or any rights granted here to any third-party. Our rights, however, under these Terms are freely transferable to any third party without the requirement of seeking Your consent.
